Dancing With the Stars head judge Len Goodman has taken to Access Hollywood to address longtime professional dancer Maksim Chmerkovskiy’s claim on Monday night that the celebrities on DWTS are judged on their “so-called potential” instead of the performance of the night.

“How often, in the heat of the moment, we say things where we think why did I say that? I think Maks is going through one of those period right now,” Goodman said.

“What they have to understand is: They’re on trial. We’re the judges,” Goodman clarified. “You can’t be the judge at your own trial.”

On Monday night, after Len called Hope Solo’s rumba her worst dance of the season, he said Maks was to blame for half of that and reminded the pro that he’s been in this business for 50 years. “Maybe it’s time to get out,” Maks shot back.